HomeMy WebLinkAboutB08-0218 Corboy development improvement agreementCASH DEPOSIT FORMAT
Receipt f s Legal Descripti n: Lot E
Name: Subdivision: _
Mailin Addres : Address:
Developer:
1. Permit Number. - v2
Project Number: Z.l
Improvement Completion Date: e
DEVELOPER IMPROVEMENT AGREEMENT
THIS AG M NT, m de nd entered into this >~~day of 20~,
by and among (the ueJaper:), and the Town of
Vail (the "Town°).
Occupancy for
Developer,,aq a_cgnditipn 9f ppproval of-the Temporary Certificate of
address, legal description, and project number) wishes to enter into a Developer Improvement
Agreement; and
WHEREAS, t Deve pe obligated t e secu 4cAbLA,t in the
judgement of the To to m re o ble pro si ns ompl f vements set
forth in the attached Ai s) I vaccordan with the approved plans and specifications
filed in the office of the Community Development Department of the Town of Vail; and
WHEREAS, the De I er is s to provide coltgrrtggu tRe ce of this
Agreement, including comp tAe provements d tol A 0elby means
of the following:
The Developer agrees to establish a cash deposit account with the Town of Vail, as
escrow agent, in the amount of $ 1z e.v-0 as collateral for the
completion of all improvements referred to in this Agreement, in the event there is a
default under this Agreement by the Developer.
NOW THEREFORE, in consideration of the following mutual covenants and agreements,
the Developer and the Town agree as follows:
1. The Developer agrees, at its sole cost and expense, to furnish all equipment and
materials necessary to perform and complete all improvements referred to in this Agreement. The
Develo r agree to complete all improvements referred to in this Agreement on or before the il;zt
day of -'20 . The Developer shall complete, in a good workmanlike
manner; all mprovements referred to in this Agreement, in accordance with all approved plans
and specifications filed in the office of the Community Development Department of the Town of
Vail, and to do all work incidental thereto according to and in compliance with the following:
a. All said work shall be done under the inspection of, and to
the satisfaction of, the Town Planner, the Town Engineer, the Town Building
Official, or other official from the Town of Vail, as affected by special districts or
service districts, as their respective interest may appear, and shall not be deemed
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complete until approved and accepted as completed by the Community
Development Dep4f-tmi ent and. Public Works Department of the Town of Vail.
2. To secure and ~~uaFarftee I36(formance of the obligations as set forth herein, the
Developer agrees to pSovide collaterN% follorivs:"
A cash deposit account with the Town of Vail, as escrow agent, in the amount of
lig -coo as collateral for the completion of all improvements
referred to in this Agreement, in the event there is a default under this Agreement
by the Developer.
3. The Developer may at any time substitute the collateral originally set forth above
for another form of security or collateral acceptable to the Town to guarantee the faithful
completion of those improvements referred to herein in this Agreement and the performance of
the terms of this Agreement. Such acceptance by the Town of alternative security or collateral
shall be at the Town's sole discretion.
4. The Town shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss or damage happening or occurring to the work specified in this
Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any
officer or employee thereof, be liable for any persons or property injured by reason of the nature
of said work, but aU of said liabilities shall be and are hereby agsram68 by the E)pveloper.
T,
The Developer hereby agrees Jo indern"nify and'hold harrp, (ess the Town, and any of its
officers, agents and employees against any losses, claims, damages~or liabilities to which the
Town or any of its officers, agents or employees may become subject to, insofar as any such
losses, claims, dOrtagq or liabilftilas (ortctions in respect thereof) anise odt of or are based upon
any performance by the Developer Vreunder; and the Developer shall reimburse the Town for
any and all legal or other Expenses s reasonably incurred by •the own in connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnity
provision shall be in addition to any other liability which the Developer my have.
5. It is mutually agreed that the Developer may apply for and the Town may
authorize a partial release of the collateral deposited with the Town for each category of
improvement after the subject improvement is constructed in compliance with all plans and
specifications as referenced hereunder and accepted by the Town. Under no condition shall the
dollar amount of the collateral that is being held by the Town be reduced below the dollar amount
necessary to complete all uncompleted improvements referred to in this Agreement.
6. ' If the Town determines, at its sole discretion, that any of the improvements
referred to in this Agreement are not constructed in compliance with the approved plans and
specifications filed in the office of the Community Development Department of the Town of Vail or
not accepted by the Town as complete on or before the date set forth in Paragraph 1 of this
Agreement, the Town may, but shall not be required to, draw upon the security referred to in this
Agreement and complete the uncompleted improvements referred to in this Agreement. Pursuant
to Section 12-11-8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this
Agreement may be revoked until all improvements referred to herein are completed by the
Developer or the Town in accordance with this Agreement.
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If the costs of completing the uncompleted improvements referred to in this Agreement
exceed the dollar amount of the deposit, the excess, together with interest at twelve percent
12%) per annum, shall be a lien against the property and may be collected by civil suit or may be
certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad
valorem taxes levied against such property. If the Developer fails or refuses to complete the
improvements referred to in this Agreement, such failure or refusal shall be considered a violation
of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer shall be subject to
penalties pursuant to Section 12-3-10 (Violations: Penalties) and Chapter 1-4 (General Penalty),
of the Vail Town Code.
7. The Developer shall warranty the work and materials of all improvements referred
to in this Agreement located on Town property or within a Town right-of-way, pursuant to Chapter
8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said
improvements.
8. The to mutually agree that this Agreement may be amended from time
to time, provide firp ents be in writing and executed by all parties hereto.
AAT(j c"
r~
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Dated the day and year first a
STATE OF COLORADO
COUNTY OF EAGLE
ss.
The,foregoing Developer Improvement Agreement w s acknowledged before me this
P~ Day of
r f 2&; , 2Ga by S j ~ L2 ke=
Witness my hand and official seal.
My commission expi
Ic
STATE OF COLORADO
COUNTY OF EAGLE
ss.
TRpr~~
S
O
P
k~ tOF BO LOP
O
kmission Expires 0212112009
The foregoing Developer Improvement Agreement was acknowledged before me this
Day of 200 by (l~ d~ `e~-~ u-Y;~ nth
Witness my hand and official seal.r
M i ii Cc 7C)y comm ss on exp res:
r=
NotaryPublic 419
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ATTACHED COPIES OF THE ESTIMATED BID(S)
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VICKERS
EXCAVATING
P.O. Box 3934 • Vail, Colorado 81658
Cellular: 970-471-2901
Home: 970-476-1973
PROPOSAL
Proposal No. 087C.
Proposal Submitted To: Work To Be Performed At:
Name 514 W ETC N LA-+~t o Co - Name T~i 1 "-1 4eo
Street % 5-TIEfc?i Cleo )LE Locaton 141,20 6 &rr e-y l h'k << Ltr-T
City, State, Zip Phone
phone 3749- -14/241 Date 1745 i 00
We hereby submit specifications and estimates for:
4AC -512 r a C(I f o -fD So; re. S,e-ed1n
h lld-
L~h rt,c
bsWeproposehereby to furnish material and labor complete in accordance with above specifications, for the sum of.
1(7bt~OGyKQI d
rw/ _ Dollars($ /OLx7 ' )
Payments to be made as follows: a:f c o Y-h / e /i dii Ut-' k lo
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration devation from above
specifications involving extra costs will be executed only upon written orders, and will become an extra charge v and above the estimate. greements contingent
upon strikes, accidents or delays beyond our control
Authorized Signature
This propsal maybe withdrawn by us if not accepted within days.
ACCEPTANCE OF PROPOSAL
The above prices, and conditions are satisfactory and are herby accepted. You are authorized to do work as specified. Payment will be made as outlined above.
Accepted Signature
Date Signature
Town of Vail
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
Name: Receipt No. 6P C) q,2 Qe
Address:
Project: Date 12 09
Please make checks payable to the TOWN OF VAIL
Account No.Item No.Code #Cost Each Total
001 0000 314 1110 Address Maps ZA 5.00
001 0000 314 1110 Zoning Maps ZA 20.00
001 0000 319 4400 Custom Maps
001 0000 314 1112 Other Code Books CB
001 0000 314 1211 Blue Prints/M lar Co Fees BF 7.00
001 0000 314 1111 Xerox Copies XC 0.25
001 0000 314 1111 Master Plan MS
001 0000 314 1111 Studies, Master Plans, etc.MS
001 0000 312 3000 Contractors License Fees CL
001 0000 312 3000 Contractors License Fees - RENEWAL CL
001 0000 240 3300 Developer Improvement Agreement Deposit D2-DEP10 AD
001 0000 312 1000 Restaurant License fee TOV RL
001 0000 230 2000 Sec. Assess.-Restaurant Fee to Co.De t.Rev.SA
110 0000 314 1115 Resale Commission MS
Other -MS
MS
MS
MS
MS
erla of Vail
001 OOOC ER IISIPT to, , ae TP
001 OOOC Opera AJ T ex A Bree~r: t Tax T7
Date: 12AW98 M Rectipt no: 18319 TOTAL:2
Customer Loution~ aAmountWSwimLANX48
ITS
SAYATCH LAND CO
all item;
pEpNIT#NB-12181 NEC A48b
Tender detail
CK CHECK 5545 11250.08
Total tendered
f1250.0
Commen Total payment
tans date: 12/10/08 Time: 12:44:07
THIWt YAIIA FOR YOM PAYNW!
Cash
Credit CF
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